System and method for securely retrieving and playing digital media

ABSTRACT

A system for securely downloading and playing coherent digital content such as music and preventing its play by unauthorized users. The system may include mass server/storage devices for receiving and storing digital content having predetermined gaps; and client devices communicating with the server/storage devices, and providing authorization to proceed. During playing of the digital content by the client devices, the missing gaps may be filled into the appropriate places, to allow the play of the coherent digital content.

This continuation application claims priority from the U.S. Ser. No.13/412,035, filed Mar. 5, 2012 (“the Parent Case”).

BACKGROUND OF THE INVENTION

The present invention generally relates to a virtual “digital music boxor media box,” i.e., an apparatus and method for retrieving and playingsongs. More specifically, the invention is directed to such an apparatusand method that permits downloading via the Internet only the missingsegments of songs or media to be selectively added to matching song ormedia previously purchased in a physical media, for example.

The sale and distribution of music in many varying forms (e.g., byplaying the music on records, 8-track tapes, Sony Walkmans and Applei-Pods) and mediums (e.g., radio, television, phone, computer) is a hugebusiness. Music, movie, book lovers, etc. have long sought ever moreexpedient and economical ways to enjoy digital content. Unfortunately,this has often led to unauthorized copying of these copyrighted digitalproducts, which if left unchecked disincentivizes authors and ownersfrom involving themselves in the creative development for the digitalindustry.

A huge and growing way that listeners enjoy music is to download themusic over the Internet and onto a medium that can play the music, suchas a phone, i-Pod, computer, etc. Many patents and commerciallyavailable devices have sought to prevent the unauthorized copying ofmusic downloaded over the Internet or other mediums in different ways.Some have disclosed providing the music with a digital “watermark” whichcan be verified, such as U.S. Pat. No. 7,194,617 to Weimerskirch. Thismethod would require relatively expensive and time-consuming instrumentsand/or software for checking for the digital watermarks in order toprevent unauthorized copying. Others have sought to inhibit the illicitstitching together of downloads by adding disruptions such as silencegaps, as disclosed in U.S. Patent Publication No. 2002/0076048 to Hars.The problem with Hars, or other similar attempts to stop or discouragepiracy, is that the entire digital content is in the hands of theconsumer and/or pirate experts. Pirate experts in this field canidentify watermark or similar identifiers and defeat them.Alternatively, at a minimum, pirate experts can create a codec that willmake it playable even with the watermark left intact. In short, if thecomplete digital content is allowed to be in the possession of theconsumer, it will be compromised.

Accordingly, it would be highly advantageous to provide an expedient andeconomical way for listeners to enjoy digital content in a manner thatdelivers the highest of quality, is not limited by bandwidth, andprotects the industry, while at the same time reducing the presentclogging of the Internet and preventing unauthorized copying of thedigital content in a fast, reliable and cost-efficient manner. It wouldalso be advantageous to provide this without requiring new playertechnology in order to function and safeguard the digital industry. (Seehttp://en.wikipedia.org/wiki/Secure_Digital_Music_Initiative (explainingthe failure of SDMI, the Secure Digital Music Initiative).

DEFINITION OF CLAIM TERMS

The following terms are used in the claims of the patent as filed andare intended to have their broadest meaning consistent with therequirements of law. Where alternative meanings are possible, thebroadest meaning is intended. All words used in the claims are intendedto be used in the normal, customary usage of grammar and the Englishlanguage.

“Coherent” or “whole” media means the entire digital content, whether itis musical content such as song or other digital content such as films,text, images, etc. When “coherent” or “whole” media is played, both theRSMC and the EMC (i.e., any missing gaps including temporally placedforeign parts filled or replaced into the digital content in itsappropriate order) is played. Upon extracting segments from the original“coherent” or “whole” media, (e.g.) two or more bodies of digital mediaremain, and they are incoherent until rejoined when played. Theportion(s) which are removed are referred to here as Extracted MediaComponents (EMC). The remaining body with the missing or insertedforeign parts is referred to as the Remaining Segmented Media Content(RSMC). The word “gaps” can mean either missing or inserted foreignparts.

“Extracted Media Components” (EMC) means the digital media contentportion(s) which is/are removed from the original coherent or wholedigital media content.

“Fulfillment server” means the server(s) which has the coherent or wholedigital media content stored on, or readily accessible by, theserver(s), as well as the algorithms for providing the EMC and RSMC.

“Incoherent” means incomplete digital content, with missing gaps.

“Remaining Segmented Media Content” (RSMC) means the digital mediacontent which remains, including the missing and/or inserted foreignmaterial (the “missing gaps”), after removal of the Extracted MediaComponents.

SUMMARY OF THE INVENTION

The objects mentioned above, as well as other objects, are solved by thepresent invention, which overcomes disadvantages of prior devices andmethods for retrieving digital media content such as music over theInternet and playing it while preventing unauthorized copying, whileproviding new advantages not previously obtainable with such devices andmethods.

In a preferred embodiment, a system is provided for securely downloadingand playing coherent digital content, such as music or other digitalcontent, and preventing its play by unauthorized users. The coherentdigital content includes extracted media content and remaining segmentmedia content. Preferably, one or more mass storage devices, which mayinvolve or communicate with one or more servers, receive and storeincoherent digital content that includes the extracted media contenthaving predetermined gaps in the digital content. One or more clientdevices, such as computers or other digital devices, communicate withthe one or more storage devices and/or servers. The one or more clientdevices have downloaded (e.g., via a previous purchase) and may storethe remaining segmented media content; they now may also receive thecorresponding extracted media content upon providing authorization ofentitlement to receive the coherent digital content. Now, the coherentdigital content may be played by the one or more authorized clientdevices, by reassembling the extracted media content with the remainingsegmented media.

Preferably, for security reasons, the extracted media content is notstored on the one or more client devices, or is erased from the one ormore client devices during or shortly after playing the coherent digitalcontent. Instead, the mass storage devices and/or servers may save theextracted media content necessary to form the coherent digital content.

One or more algorithms may be provided for indicating the number andlocation of the predetermined gaps to enable reassembly of the extractedmedia content with the corresponding remaining segmented media content.Again, preferably, the extracted media content with the predeterminedgaps, as well as the reassembly algorithm for playing the coherentdigital content, is erased from or otherwise available to the one ormore client devices after playing of the coherent digital content.

In a preferred embodiment, the remaining segmented media content may becontained on physical storage medium, such as discs, DVDs, solid-statechips, etc. The physical storage medium may be distributed to consumerspurchasing a license to use the coherent digital media corresponding tothe remaining segmented media content.

Preferably, one or more fulfillment servers having the extracted mediacontent are used. One or more distribution servers may also be used forfacilitating the distribution of the remaining segmented media contentto authorized users.

In another preferred embodiment, a method is provided for securelydownloading and playing digital content and preventing its play byunauthorized users. Authorized coherent digital content may first beassembled. Next, the coherent digital content for each individualdigital media content, such as a song, may be disassembled intoextracted media content, and corresponding remaining segmented mediacontent having predetermined gaps corresponding to the extracted mediacontent. The remaining segmented media content may be distributed to(purchasing) authorized customers. When a customer request is receivedto play the coherent digital content, and the customer is authenticatedas an authorized user, the corresponding extracted media content may betransmitted contemporaneous with receipt of a customer request to playthe coherent digital content for a particular remaining segmented mediacontent.

A reassembly algorithm for indicating the number and location of thepredetermined gaps may be provided. Preferably, the extracted mediacontent and the reassembly algorithm are not made available, forsecurity reasons, to at least the one or more client devices, either byerasure or otherwise during or shortly after playing the coherentdigital content.

In an alternative preferred embodiment, the extracted media content maybe encrypted prior to transmitting it to the one or more client devicesfor playing the coherent digital content. Decryption software may bemade available, such as for a short period during play, to authorizedclient devices to enable playing of the coherent digital content.

BRIEF DESCRIPTION OF THE DRAWINGS

The novel features which are characteristic of the invention are setforth in the appended claims. The invention itself, however, togetherwith further objects and attendant advantages thereof, will be bestunderstood by reference to the following description taken in connectionwith the accompanying drawings, in which:

FIG. 1 is a flowchart showing an exemplary embodiment in which digitalmedia content such as music may, according to a preferred embodiment ofthe present invention, be downloaded and distributed, via a distributionsystem, to customers;

FIG. 2 is a flowchart showing a preferred delivery mechanism; and

FIG. 3 is a flowchart showing the logical flow of delivery and play ofdigital content according to a preferred embodiment of the invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

Set forth below is a description of what are believed to be thepreferred embodiments and/or best examples of the invention claimed.Future and present alternatives and modifications to this preferredembodiment are contemplated. Any alternatives or modifications whichmake insubstantial changes in function, in purpose, in structure, or inresult are intended to be covered by the claims of this patent.

In one preferred embodiment of the present invention, if a song or otherdigital media content has been licensed from an owner of the “virtualmusic box” (“VMB”), for example, the VMB could store portions of thelicensed digital media content, which could include missing gapportions. (In a preferred embodiment, the missing gap portions wouldconstitute a sufficiently large portion of the digital media content soas to make their omission from the played content sufficientlynoticeable, to discourage unauthorized copying.) These missing gaps maybe stored on a “fulfillment” server(s) and downloaded in real-time sothat when an individual request to listen to a particular (e.g.) song ismade, the portion of the song being played becomes “coherent” (i.e., theentire digital content of the song is played, without interruptions orgaps); at the same time, for security and to protect the licensed natureof the digital content, the individual downloading the song is not ableto save or store the entire coherent digital content. As a conditionprecedent to playing the coherent song with the missing gaps, alicensing authorization step would take place. A detailed description ofhow preferred examples of the invention may be commercially practiced isprovided below.

In one preferred embodiment, a unique algorithm may be provided forinserting the missing gaps. The gaps may vary in length, and also intheir number and location. Additionally, the sequence in which missinggaps are downloaded may also be varied. For example, a given audio filecould be split up using a weighed distribution, with threerandomly-placed, not necessarily contiguous, files that are (e.g.) 3-13%of the file size. A left-sided distribution of minor pieces to beremoved could then be created. In place of all the pieces removed, blankaudio could be inserted, so that the total file sizes of the originaland the unique split are the same. In the preferred embodiment, thealgorithm for removing the gaps from the master recording may be createdby a random generator, with parameters given for each gap variable(e.g., length, number, location, sequence). This would make decipheringthe missing gaps exceedingly difficult, as there is essentially a unique“key” in order to “unlock” the algorithm to provide each coherent song.To provide an even higher level of security, the gaps could,alternatively, instead of silence, consist of a series of pops, clicks,whistles, etc., that would be exceedingly difficult to be removed usingany known software.

A still further possibility is that the missing gaps from one song couldbe deployed together with the missing gaps from other songs on the VMB.In other words, every song on the VMB could have its missing partsstored within other songs in their respective gaps.

To make the system even more secure, the missing gaps for songs storedon the VMB could be stored on various servers, and a combination of twoor more servers could be required to be connected in order to play anyone song.

Preferably, to avoid any danger of unauthorized copying, the coherentsong need not be stored on the VMB. Instead, if a song is replayed, thedownload and checking process may again be repeated.

In another embodiment of the invention, and as an additional securityfeature, the VMB could have associated with it one or more speakers thatplay, for example, the mid-range sounds of songs, while other spectrumsof the sound range could be played through external speakers notassociated with the VMB. This would require an unauthorizedcopier/hacker, in order to purloin the coherent song, to break into theVMB. But once the detectable seal is broken (per the description below),the entire system would not play. Therefore, the hacker could steal thestored media in the VMB, but this would be worthless without access tothe fulfillment server(s).

The present invention has other applications besides audio. For example,its principles could be used to solve bandwidth limitation issues, andmany other problems and limitations associated with the download of datain office/home locations, for example, as well as the securityassociated with new cloud limitations.

Referring now to FIG. 1, a preferred embodiment is described fordistributing music to consumers according to one aspect of theinvention. Master analog or digital media content (i.e., “whole” music)may be legally assembled from various sources at step 20, which sourcesmay include: analog vinyl records 10, analog tape reels 12, analog filmstrips 13, photos and printed material 14, existing digital databasesources 16 and CDs, DVDs, hard drives, solid state content, etc., 17.Analog content may be converted to digital content at step 18, and thisdigital content may be copied to a master database at step 19. Themaster database(s) of authorized digital media content compiled fromvarious sources may be assembled at step 20 and the entire content orportions thereof may be transferred to any authorized holder at 22. Now,a request may be made by an authorized user (e.g., a consumer) todownload and play individual digital media content such as a song, atstep 24. An appropriate extraction algorithm may be used, and in step 26the media content may be divided into RSMC and EMC, such as by usingrandomly generated algorithms to do so. (As one example, about 100segments ranging in size from 50-1500 mils may be used; correspondingmetadata may also be created to indicate the segment size and placementunique to the particular extraction, for example.) Variable sizes andsegments (“gaps”) of musical content may now be removed from the music.Optionally, instead of leaving the EMC gaps as silences, some or all ofthe gaps could be replaced with an array of sounds (e.g., whistles,static, etc.). The metadata at step 26 could still function similarlywhen the rejoining (RSMC+ECM) process is performed.

Still referring to FIG. 1, at optional steps 30/31, the ESM and/or RSMCcould be encrypted, such as by using existing encryption techniques, orby using variable bit or other unique encryption techniques. Now, in apreferred embodiment, at steps 32 and 33, the EMC (e.g., smaller overallportion) and corresponding meta data may be copied to fulfillmentserver(s) 35, while the RSMC (e.g., larger overall portion) may betransmitted to distribution server(s) 36 (preferably by physicaldelivery on physical media such as solid-state chips or discs, given thebandwidth limitations incident with Internet delivery). Distributionserver 36 may be used to distribute the RSMC for wholesale or retailsale. Customers or clients who licensed or purchased the partial mediacontent may then download their complete music as described in FIGS. 2and 3, below.

Still referring to FIG. 1, preferably multiple fulfillment servers 35are used, as this would have several benefits, including redundancy,load balancing, etc. This can also serve as an extra layer of encryptionby spreading parts of each EMC over separate fulfillment servers 35.

Referring now to FIG. 2, a preferred delivery option for the RSMC isdisclosed. Rather than electronic delivery, such as over the Internet,given existing bandwidth limitations, the RSMC may be copied topermanent storage medium (PSM), such as portable devices like CDs, DVDs,solid-state chips, etc., at step 111. The RSMC may be distributed atstep 114, on PSM to physical outlet stores (e.g., Wal-Mart, Target) aswell as to Internet outlets (e.g., Netflix, Amazon.com) for sale andphysical delivery to customers. Finally, at step 117, the customer maypurchase and/or license one or more licensed RSMCs on PSM for personaluse.

Referring now to FIG. 3, a licensed customer or client may now usehis/her computer or other digital device to electronically access thefulfillment server(s) controller 205 and reassemble the missing gapsinto their correct order, determining the exact point of insertion “onthe fly” as the song or other content is playing, discarding (notsaving) the missing gap as it is played. The customer may, for example,supply a unique Customer ID which may be checked at step 210. Thecustomer request may also include requests to the fulfillment server(s)controller 205 for one or more of the following: the “split” version(EMC) of particular digital content, such as a particular song; theparameters of a particular audio file corresponding to the requestedsong; the list of songs a particular client can play; and the song listdetails (e.g., the number of songs, the hash of the song list to checkagainst, etc.). To check the validity of the customer/client request,fulfillment server(s) controller 205 may send the request at step 210.If the request is denied, a message may transmit the denial at step 215,and the reason for denial may be provided to the customer/client at 223.If the client ID is authorized, the request may be authorized at step220, releasing the fulfillment server(s) 35 to retrieve the appropriatemissing gaps/EMC using (e.g.) the ID number for that song or otherdigital content that is about to commence playing and forward them,along with the corresponding decryption decoder information, if any, tothe client computer or other digital device at step 223.

If the response is denied at step 217, the reason for the denial (e.g.,lack of funds, failure to authenticate customer ID, etc.) is transmittedto the customer's player, and the customer may be given an opportunityto overcome the denial (e.g., by paying the required funds, providing anauthentic customer ID, etc.). Upon proper validation at step 224,metadata and missing content to replace the missing gaps, along withinstructions on how to do so and where, may be provided at 230. Also atstep 230, for security reasons, the EMC and unique decoder informationmay be erased on the client computer or other digital device during orimmediately following play of the requested digital content. If theresponse is invalid, a notification of a request error is provided atstep 217, and the process again ends.

Optionally, the initial request at step 205 may be permanently blocked,or blocked based on time-sensitive variables, for example, by blockingthe player from proceeding if more than a predetermined number ofinvalid attempts are made. If the request is valid, play continues andgaps are returned temporarily to allow normal play for that request, asdescribed above. In a preferred embodiment, the RSMC may play coherentlyfor (e.g.) 15 seconds (a recommended variable of the RSMC is that it hasno gaps at the beginning). The process may be repeated for any song orother digital media content that the customer/player haspurchased/licensed and has been loaded into the customer's player.

As part of the process, royalty fees may also be calculated and deductedbased on any applicable royalty or license agreement.

The above description is not intended to limit the meaning of the wordsused in the following claims that define the invention. For example,while preferred embodiments have been described above, persons ofordinary skill in the art will understand that a variety of otherdesigns still falling within the scope of the following claims may beenvisioned and used. It is contemplated that future modifications instructure, function or result will exist that are not substantialchanges and that all such insubstantial changes in what is claimed areintended to be covered by the claims.

1. A method for securely playing coherent digital content and preventingits play by unauthorized users, the coherent digital content comprisingextracted media content and segmented media content, comprising thesteps of: providing one or more storage devices comprising portablestorage media and made available to one or more client devices, theportable storage media receiving and storing incoherent digital contentcomprising the segmented media content, wherein the segmented mediacontent has predetermined gaps comprising audio distortion; upon the oneor more client devices obtaining authorization of entitlement to receivethe coherent digital content, temporarily returning and merging theextracted media content with the segmented media content usinginformation comprising one or more reassembly algorithms, which iseither provided over the Internet and/or via an intranet connection, tothe one or more client devices, and instructing the merger of theextracted media content within the predetermined gaps of the segmentedmedia content, the use of which enables a temporary reconstitution ofthe extracted media content with the segmented media content to enableplaying or execution of the reconstituted coherent digital content bythe one or more authorized client devices, wherein at least one of theextracted media content and the one or more reassembly algorithms do notremain permanently available to the one or more authorized clientdevices after playing or execution of the reconstituted coherent digitalcontent.
 2. The method of claim 1, wherein the digital content comprisesmusic or video.
 3. The method of claim 1, wherein the one or more clientdevices comprise a computer or other digital device.
 3. The method ofclaim 1, further comprising the step of erasing the extracted mediacontent from the memory of the one or more client devices during orimmediately after playing the coherent digital content.
 4. The method ofclaim 1, further comprising the step of distributing the portablestorage media to consumers purchasing a license to use the coherentdigital media.
 5. The method of claim 1, further comprising the step ofproviding one or more fulfillment servers having the extracted mediacontent.
 6. The method of claim 1, further comprising one or moredistribution servers for facilitating the distribution of the segmentedmedia content to authorized users.
 7. The method of claim 1 for securelyplaying coherent digital content and preventing its play by unauthorizedusers, wherein the extracted media content forms a minority portion ofthe coherent digital content, and the segmented media content forms amajority portion of the coherent digital content.
 8. The method of claim1, further comprising the steps of encrypting the extracted mediacontent prior to its decryption and transmission to the one or moreclient devices for its temporary use in playing the coherent digitalcontent.
 9. The method of claim 1, further comprising the step ofinserting foreign material not forming a part of the coherent digitalcontent into the coherent digital content.
 10. The method of claim 1,wherein the portable storage media comprises one or more of thefollowing: solid-state data storage devices, CDs or DVDs.
 11. The methodof claim 1, wherein the audio distortion comprises one or more of anarray of sounds.
 12. The method of claim 1, wherein the audio distortioncomprises one or more of the following: pops, clicks, whistles, staticor silence.
 13. A system for securely playing coherent digital contentand preventing its play by unauthorized users, the coherent digitalcontent comprising extracted media content and segmented media content,comprising: one or more client devices receiving segmented media contenthaving predetermined gap with audio distortion; upon the one or moreclient devices obtaining authorization of entitlement to receive thecoherent digital content, enabling the one or more client device toobtain and merge the extracted media content with the segmented mediacontent using information comprising one or more reassembly algorithms,which is either provided over the Internet and/or via an intranetconnection, to the one or more client devices, wherein the one or morereassembly algorithms instruct the merger of the extracted media contentwithin the predetermined gaps of the segmented media content, the use ofwhich enables a temporary reconstitution of the extracted media contentwith the segmented media content to enable playing or execution of thereconstituted coherent digital content by the one or more authorizedclient devices; wherein at least one of the extracted media content andthe one or more reassembly algorithms do not remain permanentlyavailable to the one or more authorized client devices after playing orexecution of the reconstituted coherent digital content.
 14. The systemof claim 13, wherein the one or more client devices comprise a computer.15. The system of claim 13, wherein the one or more client devicescomprise a PDA such as a smart phone or other digital device.
 16. Thesystem of claim 13, wherein the extracted media content is erased fromthe memory of the one or more client devices during or immediately afterplaying the coherent digital content.
 17. The system of claim 13,further comprising the step of distributing the portable storage mediato consumers purchasing a license to use the coherent digital media, andwherein the portable storage media comprises one or more of thefollowing: solid-state data storage devices, CDs or DVDs.
 18. The systemof claim 13, further comprising one or more fulfillment servers havingthe extracted media content, and one or more distribution serversfacilitating the distribution of the segmented media content toauthorized users.
 19. The system of claim 13, wherein the extractedmedia content is encrypted prior to its decryption and transmission tothe one or more client devices for its temporary use in playing thecoherent digital content.
 20. The system of claim 13, wherein the audiodistortion comprises one or more of an array of sounds, which mayinclude pops, clicks, whistles, static or silence.